Roberts v. Denver, Lakewood & Golden Railroad
Colorado Court of Appeals
Appeal from the District Court of Arapahoe County. Error is laid to the rulings of the court on a motion to dismiss the action for want of authority on the part of the attorney to bring it for one of the plaintiffs, and the overruling of a demurrer to the complaint for want of facts sufficient to constitute a cause of action.
Read the full summary
Appeal from the District Court of Arapahoe County. Error is laid to the rulings of the court on a motion to dismiss the action for want of authority on the part of the attorney to bring it for one of the plaintiffs, and the overruling of a demurrer to the complaint for want of facts sufficient to constitute a cause of action. We take the complaint as an accurate statement of facts, though as to some of its details it would be more preferable to set out the exact phraseology of the security involved. This is impossible, because the instruments are not set out in hcec verba. The Denver,…
1Opinion of the CourtBissell, J.
While the authorities are not entirely in harmony respecting the practice which must be adopted in order to successfully contend for the dismissal of an action because of the want of authority on the part of the attorney to commence it, we can affirm the ruling with very little difficulty. We do not attempt to determine whether the Railroad Company was a necessary or an indispensable part}*-, nor that the motion would not lie if it appeared the attorney had authority to proceed on its behalf in beginning the suit. It is quite pos*508sible the Railroad Company might maintain this bill to protect…
2Cases cited9 opinions
- Fosdick v. SchallSupreme Court of the United States · 1879
- Gilman v. Illinois and Mississippi Telegraph Company. Coykendall, Garnishee v. IdemSupreme Court of the United States · 1876
- United States v. County of MacOnSupreme Court of the United States · 1879
- Great West Min. Co. v. Woodmas of Alston Min. Co.Supreme Court of Colorado · 1888
- Addison v. LewisSupreme Court of Virginia · 1881
4 more not listed; retrieve them via the Exa API.